PROTOCOL

AMENDING THE AGREEMENT

BETWEEN

THE KINGDOM OF BELGIUM

AND

THE STATE OF MALTA

FOR THE AVOIDANCE OF DOUBLE TAXATION

AND THE PREVENTION OF FISCAL EVASION,

AND THE PROTOCOL,

SIGNED AT BRUSSELS ON 28 JUNE 1974,

AS AMENDED BY THE SUPPLEMENTARY AGREEMENT

SIGNED AT BRUSSELS ON 23 JUNE 1993

 PROTOCOL
AMENDING THE AGREEMENT
BETWEEN
THE KINGDOM OF BELGIUM
AND
THE STATE OF MALTA
FOR THE AVOIDANCE OF DOUBLE TAXATION
AND THE PREVENTION OF FISCAL EVASION,
AND THE PROTOCOL,
SIGNED AT BRUSSELS ON 28 JUNE 1974,
AS AMENDED BY THE SUPPLEMENTARY AGREEMENT
SIGNED AT BRUSSELS ON 23 JUNE 1993

THE GOVERNMENT OF THE KINGDOM OF BELGIUM

AND

THE GOVERNMENT OF MALTA,

DESIRING to amend the Agreement between the Kingdom of Belgium and the State of Malta for the
avoidance of double taxation and the prevention of fiscal evasion, and the Protocol, signed at Brussels
on 28 June 1974, as amended by the supplementary Agreement signed at Brussels on 23 June 1993,

(hereinafter referred to as “the Agreement“),

HAVE AGREED as follows:

 ARTICLE I

The text of Article 26 of the Agreement is deleted and replaced by the following:

“1. The competent authorities of the Contracting States shall exchange such information as is
foreseeably relevant for carrying out the provisions of this Agreement or to the
administration or enforcement of the domestic laws concerning taxes of every kind and
description imposed by or on behalf of the Contracting States, insofar as the taxation
thereunder is not contrary to the Agreement. The exchange of information is not restricted
by Articles 1 and 2.

2. Any information received under paragraph 1 by a Contracting State shall be treated as

secret in the same manner as information obtained under the domestic laws of that State
and shall be disclosed only to persons or authorities (including courts and administrative
bodies) concerned with the assessment or collection of, the enforcement or prosecution in
respect of, the determination of appeals in relation to the taxes referred to in paragraph
1, or the oversight of the above. Such persons or authorities shall use the information
only for such purposes. They may disclose the information in public court proceedings or
in judicial decisions. Notwithstanding the foregoing, information received by a
Contracting State may be used for other purposes when such information may be used for
such other purposes under the laws of both States and the competent authority of the
supplying State authorises such use.

3. In no case shall the provisions of paragraphs 1 and 2 be construed so as to impose on a

Contracting State the obligation:

(a) to carry out administrative measures at variance with the laws and administrative
practice of that or of the other Contracting State;

(b) to supply information which is not obtainable under the laws or in the normal
course of the administration of that or of the other Contracting State;

(c) to supply information which would disclose any trade, business, industrial,
commercial or professional secret or trade process, or information, the disclosure
of which would be contrary to public policy (ordre public).

4. If information is requested by a Contracting State in accordance with the provisions of

this Article, the other Contracting State shall use its information gathering measures to
obtain the requested information, even though that other State may not need such
information for its own tax purposes. The obligation contained in the preceding sentence
is subject to the limitations of paragraph 3 of this Article but in no case shall such
limitations be construed to permit a Contracting State to decline to supply information
solely because it has no domestic interest in such information.

5. In no case shall the provisions of paragraph 3 of this Article be construed to permit a

Contracting State to decline to supply information solely because the information is held
by a bank, other financial institution, trust, foundation, nominee or person acting in an
agency or a fiduciary capacity or because it relates to ownership interests in a person. In
order to obtain such information the tax administration of the requested Contracting State
shall have the power to ask for the disclosure of information and to conduct
investigations and hearings notwithstanding any contrary provisions in its domestic tax
laws.”
 ARTICLE II

Each of the Contracting States shall notify the other Contracting State, through diplomatic channels, of
the completion of the procedures required by its law for the bringing into force of this Protocol. The
Protocol shall enter into force on the date of the later of these notifications and its provisions shall
have effect:

a) with respect to taxes due at source on income credited or payable on or after January 1 of
the year next following the year in which the Protocol entered into force;

b) with respect to other taxes charged on income of taxable periods beginning on or after
January 1 of the year next following the year in which the Protocol entered into force;

c) with respect to any other taxes imposed by or on behalf of the Contracting States, on any
other tax due in respect of taxable events taking place on or after January 1 of the year
next following the year in which the Protocol entered into force.

ARTICLE III

This Protocol, which shall form an integral part of the Agreement, shall remain in force as long as the
Agreement remains in force and shall apply as long as the Agreement itself is applicable.

IN WITNESS WHEREOF, the undersigned duly authorised thereto by their respective governments,
have signed this Protocol.

DONE in duplicate at Brussels, on this .............. day of January 2010, in the English language.

FOR THE GOVERNMENT FOR THE GOVERNMENT OF MALTA:

OF THE KINGDOM OF BELGIUM: